Legislature(1997 - 1998)
02/25/1998 09:08 AM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
February 25, 1998
9:08 a.m.
MEMBERS PRESENT
Senator Gary Wilken, Chairman
Senator Loren Leman, Vice-Chairman
Senator Lyda Green
Senator Jerry Ward
Senator Johnny Ellis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
SENATE BILL NO. 257
"An Act relating to academic performance and accreditation of
public schools; relating to state aid to school districts and
regional educational attendance areas; and providing for an
effective date."
HEARD AND HELD
SENATE BILL NO. 238
"An Act extending the termination date of the Board of Certified
Direct-Entry Midwives."
MOVED SB 238 OUT OF COMMITTEE
SENATE BILL NO. 306
"An Act relating to the authority to claim a child who is the
subject of a child support order as a dependent for purposes of a
federal income tax exemption; relating to certification of child
support arrears; amending Rule 90.3, Alaska Rules of Civil
Procedure."
MOVED SB 306 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 257 - No previous action.
SB 238 - No previous action.
SB 306 - No previous action.
WITNESS REGISTER
Commissioner Shirley Holloway
Department of Education
801 W. 10th St., Suite 200
Juneau, Alaska 99801-1894
POSITION STATEMENT: Supports SB 257.
Dr. Nick Stayrook
Fairbanks North Star Borough School District
520 Fifth Avenue
Fairbanks, Alaska 99701
POSITION STATEMENT: Answered questions about SB 257.
Carl Rose
Association of Alaska School Boards
316 W 11th
Juneau, Alaska 99801
POSITION STATEMENT: Supports the intent of the Quality Schools
Initiative only if the funding mechanism is included.
John Cyr
NEA-Alaska
114 Second St.
Juneau, Alaska 99801
POSITION STATEMENT: Supports specific sections of SB 257.
Ed McLain
Assistant Superintendent, Instruction
Kenai Peninsula Borough School District
148 N. Binkley Street
Soldotna, Alkaska 99669
POSITION STATEMENT: Supports SB 257
Betsy Turner-Bogren
Vice President of Legislative Affairs for the Alaska PTA
P.O. Box 343
Ester, Alaska 99725
POSITION STATEMENT: Supports SB 257
Dan Sheehan
Craig, Alaska
POSITION STATEMENT: Commented on teacher certification
Catherine Reardon, Director
Division of Occupational Licensing
Department of Commerce and Economic Development
P.O. Box 110806
Juneau, Alaska 99801-1108
POSITION STATEMENT: Supports SB 238.
Pam Weaver
P.O. Box 671427
Chugiak, Alaska 99567-1427
POSITION STATEMENT: Supports SB 238.
ACTION NARRATIVE
TAPE 98-17, SIDE A
Number 001
CHAIRMAN WILKEN called the Senate Health, Education and Social
Services (HESS) Committee to order at 9:08 a.m and announced the
committee would hear was SB 257 first, then SB 306 and SB 238.
Present were Senators Ellis, Green, and Wilken.
SB 257 - ACADEMIC PERFORM/ACCREDITATION/STATE AID
CHAIRMAN WILKEN announced the committee would be addressing pages
1 through 6 of SB 257.
COMMISSIONER SHIRLEY HOLLOWAY, Department of Education (DOE),
explained the purpose of SB 257 is threefold: it raises the bar for
each Alaskan student in reading, writing, and mathematics; it
provides schools with financial and technical assistance to ensure
each student can meet the higher expectations; and it holds schools
and communities accountable for student learning.
COMMISSIONER HOLLOWAY referred to bullets in the
Accountability/Accreditation Section of the Quality Schools &
Foundation Formula booklet. The first proposed change in SB 257 is
to establish mandatory standards in reading, writing, and
mathematics adopted by the State Board of Education. The second
element would develop a comprehensive assessment system to test
those standards throughout the K-12 systems. Last year the
Legislature passed exit exam legislation which requires students to
meet high academic math, reading, and writing standards prior to
graduation. SB 257 will enable schools to determine how well
students are achieving the standards by completing a comprehensive
assessment system that begins at the kindergarten level. When and
if students are not meeting those standards, programs will be
modified to ensure that students get the kind of instruction they
need to successfully complete the qualifying exam at the secondary
level.
COMMISSIONER HOLLOWAY introduced Dr. Nick Stayrook from the
Fairbanks North Star Borough School District who is helping the
Department of Education develop the qualifying exam.
COMMISSIONER HOLLOWAY informed committee members the third
component of SB 257 concerns the report card. At present, DOE
produces an annual report card for each district; SB 257 requires
DOE to report on each school. The focus of change in recent
literature is on schools because communities and schools come
together and work hard at improvements.
COMMISSIONER HOLLOWAY explained the next element of SB 257 provides
for the designation of how schools are doing beginning in the year
2002. The designation would be a formula developed by DOE for
reviewing multiple student measures including achievement data,
drop out rates, absenteeism, and other factors. The year 2002 is
the first year graduating seniors will have to take the qualifying
exam. If SB 257 is enacted this session, DOE will have time to
collect good data to make the designations. Schools designated as
distinguished or successful will automatically get state
accreditation; DOE is working with the Northwest accrediting body
to make sure the accreditation process is dual so as not to place
an extra burden on school districts. Those schools designated as
deficient or in crisis will have two years to develop a school
improvement plan based on Alaska's school standards. Teams,
comprised of local school board members, distinguished educators
and others, will be put into place to support struggling schools.
Funds to begin that process were requested in the FY 99 budget
request. DOE believes that if schools and communities begin work
right now, very few schools will be designated in the lower two
categories because this task is not insurmountable. Many schools
could meet the distinguished and successful categories right now
but some schools are struggling.
COMMISSIONER HOLLOWAY felt the important element of this
legislation is that it holds schools and communities accountable.
DOE believes it can encourage communities to get further involved
with their schools and help promote higher academic achievement of
students. When a school is designated as a low performing school,
it can ask DOE for assistance. DOE will not automatically take
action during the following two-year improvement process period;
the option to invite DOE's participation will remain with the
locality. If, after the two-year improvement period, a school does
not move into a successful category, the DOE Commissioner will be
able to manage a school's fiscal or academic affairs, or implement
other emergency measures after consulting with parents and the
community. SB 257 will require the State Board of Education to
establish a series of progressive measures to help schools that
continue to perform poorly.
COMMISSIONER HOLLOWAY stated this effort will take some resources,
both at the department level and within the school systems.
Number 152
CHAIRMAN WILKEN asked whether Alaska can follow models of
implementation from any other states that have done a good job of
accrediting public schools. COMMISSIONER HOLLOWAY answered 24
states have academic bankruptcy legislation; the success stories
are varied.
DR. NICK STAYROOK informed committee members that Education Week
recently published a story about a lawsuit filed against the State
of Texas for taking over a school district. The lawsuit alleged
violations of free election laws. He recommended getting the
Attorney General's Office to review this matter. He did not think
SB 257 speaks to takeovers of school districts; instead it provides
incentives to the districts to improve themselves.
CHAIRMAN WILKEN asked if the consultation with the community
language, on page 5, line 15, means consultation with the school
board.
COMMISSIONER HOLLOWAY said yes it does, but the word "community"
was used in its broadest sense to include parents and faculty. If
DOE has to manage the school's fiscal or academic affairs, it would
do so in partnership with them.
CHAIRMAN WILKEN referred to a document provided by DOE entitled
Migrant School Improvement Sites, which is a list of schools
performing in the two lower levels. He asked if the schools on
that list would be considered deficient if this legislation was in
place now.
COMMISSIONER HOLLOWAY responded that document must be considered a
snapshot because it contains very limited data which does not
provide an accurate picture. If SB 257 were in place, DOE would
require a school improvement plan for all of the schools reporting
the low scores and that plan would be based on the quality school
standards adopted by the State Board of Education. DOE believes
one of the best improvement models is to have successful school
staff, community members, and school boards work with struggling
schools because people are much more apt to learn from others who
do the same type of work.
CHAIRMAN WILKEN asked if, according to the "Migrant Schools
Improvement Sites" scores, the Point Hope school would be
considered in crisis whereas Dimond High School would be considered
deficient.
COMMISSIONER HOLLOWAY remarked Dimond High School scored the way it
did because the students did not take a particular part of the
exam. By adding more data, Dimond High School would be eliminated
from the list. She believed Point Hope would probably be
considered a deficient school but repeated it is hard to determine
with limited data.
DR. STAYROOK explained the analysis was based on a single test
measure, the California Achievement Test. SB 257 proposes to use
multiple indicators of success and deficiencies, not one
instrument. In addition to looking at standardized test scores,
assessments based on Alaska standards, attendance, graduation, and
dropout rates will provide a more accurate picture of school
success.
Number 228
CHAIRMAN WILKEN asked Dr. Stayrook to update the committee on his
work on the qualifying exam required by legislation passed last
year.
DR. STAYROOK replied he has worked closely with DOE since last
October to design a plan for the construction of a high school
graduation qualifying exam and to put together a request for
proposals. The legislation requires high school graduates to meet
existing requirements and pass a qualifying exam in order to
receive a diploma. His approach to the creation of the exam has
been to hire a nationally recognized test publishing company with
expertise and experience in this field to work with DOE to develop
the test. These kinds of tests require careful planning in order
to avoid the kind of litigation that has occurred in other states
when diplomas where denied to students based on the test results.
The validity and reliability of the exams are critical in court
cases. Only one response was received to the first request for
proposals. DOE felt that response was unacceptable because it
proposed a multiple choice test. DOE wants to not only test
knowledge through a multiple choice test but it also wants to test
student performance, similar to the drivers' examination. DOE
would like to test the ability of students to read, reflect on the
reading, and write, and to solve mathematical problems they might
confront in real life. He has rewritten the scope of work, and a
second request for proposals has been publicized. The due date for
proposals is next week.
DR. STAYROOK maintained the process of creating this type of exam
is not something that can be whipped out; the test will have to be
field tested to ensure fairness and that it contains no cultural
bias. DOE is requesting additional funds in the amount of about $1
million for the continued development of this examination next
year. About 17 states have created similar exams. They have spent
two to three years constructing the exams and in excess of $2 to $3
million. Last year's legislation provided one year and $500,000 to
do this project. The test must be credible to the public, teachers
and students for this approach to work. DOE expects to administer
the first exam in the year 2000 for the class of 2002. Students
will be given the opportunity to take the exam twice each year,
beginning in the spring of their sophomore year, so that they will
have an opportunity for remediation where necessary.
DR. STAYROOK thought the assessment piece is a significant linchpin
to any kind of education improvement because if the status of
student performance is not measured now, so that it can be
monitored over the years, there will be no way to evaluate whether
the changes made will have the expected results.
Number 300
ED McLAIN, Assistant Superintendent of the Kenai Peninsula Borough
School District, made the following comments via teleconference.
The Kenai School District is very interested in SB 257. He
extended his appreciation to DOE staff for their work with
participants in the state to develop a program that will work for
all. He stated the Kenai School District looks forward to seeing
this legislation pass, although it has some concerns about a few of
the details.
SENATOR WARD asked Mr. McLain to elaborate on the details of
concern.
MR. McLAIN stated, as Dr. Stayrook pointed out, testing is a
complex matter. He shares Dr. Stayrook's concern that the project
be adequately funded so that the test is credible and useful to
improving instruction. Mr. McLain also stressed the need for
multiple indicators to determine which schools are in crisis. When
the list of schools in crisis was first released, concern was
raised by various parties around the state that basing that
determination on one indicator was overly simplistic. His last
concern was the reference to the phrase "working with the
community" to improve the quality of a school. He believed DOE
should clarify its intent because in some situations it is overly
simplistic to think DOE could work with two or three people in a
community and turn a school around in two years. Some schools have
long histories of failure.
BETSY TURNER-BOGREN, Vice President of Legislative Affairs for the
Alaska State PTA, thanked the committee for working on the
Governor's proposal and read the following remarks for the record
via teleconference from Fairbanks.
"Members of the Alaska PTA applaud the Governor and the
Legislators who have worked to find ways to improve the
quality of public education in Alaska and the method in which
our state provides funding for public education. Improving
education for Alaska's children is a very important issue, not
an issue that belongs to Republicans, to Democrats, just the
Governor or a legislator. The issue belongs to all Alaskans.
The Alaskan PTA has an annual membership of over 16,000. Our
association has organized to include representation from the
six geographic regions covering the entire state, and four
active councils representing Ketchikan, the Mat-Su Borough,
Fairbanks, and Anchorage. Delegates from across the State
meet annually to review our legislative program and about five
or six legislative priorities. The need for renewed
confidence in our public schools is one of our top concerns
this year. Supporting adequate state funding for public
education has always been one of the Alaska PTA legislative
priorities. In our view, these two are linked. Delegates to
the 1997-98 issues conference last November adopted
legislative priorities for the Alaska PTA that include support
of:
1. legislation and funding of programs that will hold
school districts accountable for high standards for
educational programs, staff professionalism, and student
performance;
2. the creation of a new funding mechanism that will
meet all rising costs of public education, including
those associated with inflation and increased enrollment
and provide equitable distribution of those funds;
3. funding public education at sufficient levels to
enable school districts to support a cap on pupil-teacher
ratios for each grade level and provide safe and adequate
pupil transportation.
During the debate, delegates to the November issues conference
also expressed concerns that efforts to find equitable
distribution of state funds should not provide funding
solutions for any school district at the expense of other
school districts. In the past, the Alaska PTA has also
supported education funding measures and reform that include
legislation that would substantially increase the level of
state funding for public education and legislation that would
protect the level of education funding from the negative
impact of inflation.
I realize that today you are just reviewing the first six
pages of SB 257, however I wanted to indicate that the issues
of quality schools and funding in the view of the Alaska PTA
are definitely linked. On behalf of the Alaska PTA we would
like to express our sincere appreciation for the work of the
Senate Health, Education, and Social Services Committee and
encourage committee members to support education reforms that
address all the concerns that have been identified by the
Alaska PTA. Thank you for your time."
Number 404
DAN SHEEHAN, a teacher from Craig, made the following comments via
teleconference. We cannot raise the bar for student learning if
students are being taught by teachers who are not trained in their
subject areas. The report in Education Week showed that less than
54 percent of our teachers are now teaching a subject that they
hold a degree in. That means that nearly 36 percent are teaching
outside their subject area. Alaska needs to have a regulation that
requires that teachers not just be certified in endorsed areas, but
that they are assigned to those appropriate areas.
CHAIRMAN WILKEN acknowledged that committee members received faxed
letters from Mr. Sheehan on that point. He thanked Mr. Sheehan for
his participation.
CHAIRMAN WILKEN noted the Anchorage School District provided him
with a binder and updates to fill it with. The latest document was
called Assessment Evaluation Department. He asked if this effort
is similar to the program the Administration wants to implement,
and whether SB 257 would duplicate what school districts are
currently doing.
COMMISSIONER HOLLOWAY responded DOE is referring to an assessment
based on the standards the Legislature expects students to meet
when they take the qualifying exam. She explained those
assessments are very different from those in a norm-referenced
test.
DR. STAYROOK added the Anchorage School District's assessment does
include norm-referenced tests as well as criterion referenced
tests, based on a measure of Anchorage's curriculum in various
areas. SB 257 proposes to base assessments on statewide standards
of acceptable levels of performance of basic skills at various age
groups. Anchorage has staff with the expertise to do its own
program; many districts do not have that staff.
CHAIRMAN WILKEN asked if any other school districts do this. DR.
STAYROOK answered the Fairbanks North Star Borough School District
produces an annual report that contains a school by school
analysis. The results are primarily based on the California
Achievement Test which is administered in grades 2-11. A reading
performance assessment is also administered at the first grade
level. Fairbanks, like many other districts, simply does not have
the resources to mount the effort to create its own standards-based
or criterion-referenced testing programs. Anchorage has worked on
its system for many years, and has two experts in this area.
Anchorage could be used as a model of how to collect and report
this kind of information to assist in decision making.
RICK CROSS, Deputy Commissioner of the Department of Education,
noted two questions have come before DOE repeatedly: why standards
in the basic schools should be mandated; and why districts should
not be allowed to set their own standards as long as they meet the
basic standards. He illustrated DOE's response to the first
question with the following analogy. A person taking the drivers'
license exam has to demonstrate an ability to parallel park. Doing
so successfully is a clear definition of meeting a performance
standard. The Division of Motor Vehicles imposes that standard
across the state even though some village residents could argue
that they will never need to parallel park. The Division of Motor
Vehicles continues that requirement because a driver's license can
be used throughout the whole state and country therefore a driver
should be able to parallel park in case they choose to drive
outside of their village. Likewise, the basic standards of
reading, writing, and computing are necessary anywhere so
establishing uniform standards should not unfairly burden or
disadvantage any school district.
Number 499
SENATOR GREEN questioned why a whole new test needs to be created
to determine whether a student has learned basic skills. She also
asked whether the idea of cultural bias conflicts with Mr. Cross's
analogy.
DR. STAYROOK stated specific measuring tools are used for specific
purposes. The request for proposals circulating now allows test
vendors to use existing test items they have constructed for other
states under the condition that those items match the performance
standards for Alaska and that those items are secure. One of the
other issues in this kind of testing is that the test cannot be
made publicly available so that test takers know what is on the
test ahead of time.
Number 522
SENATOR GREEN asked if there was any indication of why only one
response was received to the first request for proposals. DR.
STAYROOK thought there were several reasons. He believed many
vendors thought the funds available for the project were
inadequate. Second, the holidays interfered with the timing of the
request for proposals which was let December 1 and had a due date
of January 1. Also, there has been a plethora of requests from
other states so vendors are picking and choosing.
SENATOR GREEN asked if DOE expects a better response to the second
request. DR. STAYROOK said at least three or four vendors have
already indicated they will be responding.
COMMISSIONER HOLLOWAY pointed out the Anchorage School District is
concerned about the results of the norm referenced tests it uses
and that the test is not tied to standards. The School Board is
debating whether to use a different test.
SENATOR GREEN stated she received many phone calls from groups
expressing concern about the Quality Schools Initiative when it was
first released. She asked if those groups' concerns have been
addressed.
COMMISSIONER HOLLOWAY maintained many groups initially reacted to
the initiative with fear, particularly to the component that
addresses the designation of schools. The fact that a school might
be publicly designated as deficient, and that DOE could intervene,
caused concern among teachers who thought the responsibility would
be placed on them. COMMISSIONER HOLLOWAY said that is the reason
the initiative was designed to hold the school and community
responsible. The reality is that whether SB 257 passes or not, DOE
will have to continue to identify low performing schools and make
improvements to continue to receive Title 1 funds.
SENATOR GREEN asked whether SB 257 contains a reference to teacher
accreditation, appraisal or assessment.
COMMISSIONER HOLLOWAY clarified HB 465 (Chapter 31) passed and
required that evaluations based on standards be completed. The
State Board of Education then adopted both teacher and
administrative standards effective July 1, 1997. School districts
have just begun to implement that law.
CARL ROSE, Association of Alaska School Boards (AASB), made the
following comments. He comes before the committee with some
trepidation because only a portion of the bill is being discussed
and that has an affect on AASB's position. Regarding
accountability, several mechanisms are already in place, such as
report cards, competency tests, and Chapter 31, but those
mechanisms only address the issue partially. The issue of
statewide standards and assessment is a good idea, however it
involves the development of a curriculum correlated to an
assessment, and professional development. These costs will be
passed on to school districts; that issue is in the remainder of
the bill which is not up for discussion.
MR. ROSE indicated AASB agrees in part with what the Quality
Schools Initiative is attempting to do and is trying to work out
its concerns with DOE. The Quality Schools Initiative is an
attempt to identify what we want our children to learn and to make
an investment in how we go about it. It is a systemic effort, but
in the absence of the funding part of the initiative, there is no
attempt to address the state's needs systemically. AASB's
qualified position is that it believes the items discussed by
Commissioner Holloway are important, and need to be worked out via
regulations or amendments, however a funding component to implement
these concepts is critical. Otherwise, the initiative is another
unfunded mandate.
SENATOR WARD asked Mr. Rose if he had the list of unfunded mandates
for the committee. MR. ROSE replied he would have that available
next week.
NUMBER 578
STEVE MCPHETRES, Alaska Council of School Administrators (ACSA),
stated it is risky to support a piece of legislation that has two
parts to it: one being the accountability package, the other being
the funding package, because ACSA sees the importance of both parts
together. The Senate HESS committee is addressing only one piece of
the puzzle today. The accountability legislation is very complex;
ACSA believes additional resources are necessary to make the
accountability part happen. ACSA is very familiar with
accreditation, especially the Northwest accreditation process and
the expenses involved. If an accreditation process is developed on
a state basis, Alaska needs to be cautious that it meets the
Northwest standards. The accountability factor in regards to
quality schools has been in place for at least three years with no
additional funding to school districts. Those factors include exit
examinations, reading, writing and math assessments, teacher
evaluations, increased public involvement, charter schools, and
working with part-time students. At the same time, school
personnel still have to do the daily work with parents and
students. ACSA encourages the committee to discuss the whole
package in SB 257 and to review the results of a survey conducted
last October by the Alaska Municipal League, Alaska Conference of
Mayors, the Alaska School Board Association and ACSA. The results
positively reflect what is needed.
JOHN CYR, President of the National Education Association of Alaska
(NEA), stated in general NEA supports SB 257. It supports the
reporting requirements in Sections 2-4, and believes that research
and valid data should drive the decision making process for all
schools. NEA believes these sections do not go quite far enough
and that reports should include:
1. strategies used by school districts to reduce truancy;
2. the curriculum offered for students in at least grades 9-
12;
3. detailed budgeted and actual expenses for salaries,
maintenance, and operation and debt service on a standard
document approved by DOE, because discussing the expenses of
schools without a standardized format ends up in a comparison
of apples and bananas;
4. a reporting procedure for evaluating teachers.
MR. CYR stated Section 5 of SB 257 is a step in the right
direction; it provides a system of state accreditation for all
public schools. NEA believes in mandatory standards because if
children across the state must compete in a world class schools
arena, they must all play by the same rules. NEA believes school
districts need additional resources and technical assistance so
that all schools can become successful. He suggested adding
language to page 4, line 27, so that school employee professional
development is in place. NEA would like to see emphasis placed on
ongoing support and technical assistance for school employees, as
well as activities that allow them to plan, collaborate, reflect,
and evaluate practices and curriculum methodology. In the final
analysis, education takes place in the classroom with that exchange
between the teacher and the student. It is incumbent upon the
Legislature to help school districts provide the resources they
need to be successful.
MR. CYR recommended that academic mentoring teams be identified in
school improvement plans. NEA believes the local union should play
a large role in the identification of those teams to provide
teachers and support staff a direct opportunity to effect changes
concerning curriculum and instruction, assistance to teachers and
school employees, and to initiate strategies for specific child
centered instructional practices.
MR. CYR pointed out the areas in SB 257 that it does not address
but would contribute to meaningful education reform. The first is
class size; the Legislature should mandate a limit on class size
for at least grades K-3. Enrollment in head start programs and
kindergarten should be mandatory. Finally, attendance requirements
should be mandatory in order for students to receive credit.
MR. CYR asked committee members to not take action on the first
portion of SB 257 because without the funding section, the bill
will not work. He advised the school district he teaches at in the
Mat-Su Borough is considering cutting 36 actual teaching positions
next year because it does not have the resources to provide for
that classroom support. To put an extra burden on school districts
at this time will require schools to take resources from the
classroom.
The committee took a brief at-ease.
SB 238 - BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES
SENATOR LEMAN, Chairman of the Senate Labor and Commerce Committee
which sponsored SB 238, announced Pam Weaver, a member of the Board
of Certified Direct-Entry Midwives, was present to discuss the
bill. He noted SB 238 merely extends the board's existence for
four more years, and although there are other issues pertaining to
midwifery that should be reviewed, they were not included in this
legislation in the interest of time.
Number 469
PAM WEAVER, a midwife operating a clinic in Wasilla, informed
committee members that although the Division of Legislative Audit
recommended that the Board of Certified Direct-Entry Midwives be
extended to June 30, 2004, the bill contains a four year extension
to 2002, because a six year extension was highly unlikely to pass.
MS. WEAVER discussed the licensing fees for certified midwives in
the State of Alaska. As a member of the national certification
board, she is aware that the fees in Alaska are the highest in the
country. Alaska was second to Colorado, but recent legislation in
Colorado reduced the fee from $1400 to $300. That legislation had
a similar affect on other smaller professions such as naturopaths,
acupuncturists, and chiropractors and created a general defense
fund for all of the professions by collecting a tariff on every
licensee. She suggested that approach be reviewed as a possible
solution to licensure fee problems in Alaska. Ms. Weaver said
midwives are willing to support their own board, but the problem is
exacerbated by midwives' lack of access to the market, specifically
to medicaid funds. In 1992 the Legislature unanimously voted for
licensure and the licensing board. In 1993 Senator Leman sponsored
legislation to put midwives on the medicaid provider list and for
third party reimbursement from insurers. That legislation passed,
however midwives still do not receive medicaid reimbursement. In
Alaska, 40 percent of births are funded by medicaid. The Division
of Legislative Audit has also recommended that the Legislature give
consideration to that issue.
MS. WEAVER referred to a letter sent to midwives from Catherine
Reardon that contained suggestions to resolve the high license
fees, and maintained that after reviewing the suggestions, the
Board decided none would play out.
Number 416
SENATOR LEMAN commented the Board of Direct-Entry Midwives has
functioned appropriately since it was created and the profession is
alive and well. He asked Ms. Weaver if she had any information to
the contrary.
MS. WEAVER replied from a national perspective, what Alaska has
done legislatively for direct-entry midwifery is a banner that she
holds proudly. In many states it is still illegal for a woman to
choose to have a baby outside of the hospital. She affirmed
midwifery has fared well in Alaska.
SENATOR LEMAN indicated he is working on an approach to get funding
for midwifery services under medicaid and through that process
Alaska will lose the general fund component of the operating
budget, so it will be a win-win situation.
CATHERINE REARDON, Director of the Division of Occupational
Licensing (DOL), Department of Commerce and Economic Development,
stated strong support for the continuation of the Board of Direct-
Entry Midwives. She clarified that although the Division of
Legislative Audit did recommend a six year extension, the
Legislature is more comfortable as a standard matter of course with
four year extensions of boards. The board would be happy with
either extension. She stated midwifery is a valued health care
option for women in Alaska. The board has tried to be very frugal,
and in FY 97, spent a total of $700 on travel. Its small budget is
caused by the fact that there are very few people to spread the
costs among. She explained the State of Colorado has a central
licensing agency and a financial self-sufficiency mandate; the pool
of money collected from fees pays for legal and disciplinary costs.
The midwife license fee in Alaska is $1550 every two years. For
those midwives who handle three to five births per year, that cost
is prohibitive.
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SENATOR LEMAN commented he is interested in working with Ms.
Reardon and the Board to find a way to reduce the fee. He did not
intend to include a solution to the fee problem in SB 238 but hopes
to find another vehicle in which to do so.
SENATOR LEMAN moved to report SB 238 out of committee with
individual recommendations and its accompanying fiscal note. There
being no objection, the motion carried.
SB 306 - TAX EXEMPTIONS IN CHILD SUPPORT CASES
SENATOR DAVE DONLEY, sponsor of SB 306, described the situation SB
306 addresses. If a non-custodial parent is awarded the ability to
claim a child as a tax deduction and then fails to make child
support payments, that parent continues to get the tax deduction
because the IRS is unable to refute tax deductions established by
court order. SB 306 will prevent the non-custodial parent from
claiming the child as a tax deduction if that parent does not pay
child support.
BARBARA MIKLOS, Director of the Child Support Enforcement Division
(CSED), informed committee members she was available to answer any
questions. She stated CSED will have a role in this matter if SB
306 passes, which CSED can fulfill.
SENATOR WARD asked how many people this bill will affect. SENATOR
DONLEY replied quite a few people will be affected. Three
constituents called him in January about this situation. He noted
this bill is proactive because the Legislature cannot pass
legislation that will affect court orders issued in the past, so it
will not help those people who called.
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CHAIRMAN WILKEN asked Ms. Miklos if she knew how many people SB 306
will affect. MS. MIKLOS said CSED was not able to come up with a
firm number.
SENATOR GREEN asked if there is any other way to change a court
order. SENATOR DONLEY explained a person has to hire an attorney
and go back to court to amend the original child support order to
redirect the tax exemption to the custodial parent. Attorney fees
for such an action might cost $3,000 to $4,000.
SENATOR GREEN asked how Senator Donley arrived at the four month
arrearage requirement. SENATOR DONLEY replied he paralleled the
existing statute regarding licensure revocation.
SENATOR GREEN thought one would have to have a minimum of six
months of nonpayment because that would equal less than one-half of
a year of child support.
SENATOR DONLEY explained under the existing statutory scheme, if
one does not pay for four months, the person has the opportunity to
negotiate a scheduled payment plan. If the person then fails to
make payments under the scheduled plan for four months, this
provision would go into effect. Essentially, a person could be in
arrears for eight months. He added it is not economically
reasonable for the custodial parent to go to court for a deduction
because it costs more than the deduction is worth.
SENATOR GREEN did not think that argument holds up. She questioned
whether the bill goes far enough and whether the ability to
renegotiate should hold for other provisions.
SENATOR WARD moved to report SB 306 out of committee with
individual recommendations and its accompanying fiscal notes.
There being no objection, the motion carried.
There being no further business to come before the committee,
CHAIRMAN WILKEN adjourned the meeting at 10:32 a.m.
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